A restraining order is an order by the court to protect you from violence or threats of violence. Obtaining a restraining order is a legal process. However, you don’t need a lawyer to obtain a restraining order. To obtain the forms, or for information on agencies that can assist you with this process, go to the Los Angeles County Superior Court website.
Domestic Violence Restraining Orders
A restraining order is a Court order issued to prevent the recurrence of acts of abuse by a batterer. Under the Domestic Violence Prevention Act, abuse is defined as any of the following:
- Intentionally or recklessly causing or attempting to cause bodily injury
- Sexual assault
- Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another
- Engaging in any behavior that has been or could be enjoined such as molesting, attacking, striking, stalking, threatening, battering, harassing, telephoning, destroying personal property:, contacting the other by mail or otherwise, disturbing the peace of the other party
The act(s) of abuse / violence must be recent, within 30 days, and the batterer must be a spouse, ex-spouse, boyfriend / girlfriend, ex-boyfriend / ex-girlfriend, someone with whom the victim has or has had a dating relationship, an immediate family member (mother, father, in-laws, siblings, adult children), or a person with whom a party has a child together. A victim that is a target of abuse but does not have the necessary relationship to the batterer may file a civil harassment restraining order. The restraining order can include the following:
- Restraints on personal conduct by the batterer
- Orders for the batterer to stay away from the victim's home / work and/or children's school
- Orders for the batterer to be removed from the residence
- Child custody and visitation
- Support orders and other miscellaneous orders
Obtaining a Restraining Order
To obtain the proper forms and to file for a restraining order, residents of Monterey Park may contact:
- Pasadena Courthouse
300 E. Walnut St.
Pasadena, CA 91101
Monday through Friday (closed most holidays)
8:30 a.m. - 4:30 p.m.
If the restraining order was not served to the restrained person in court, it may be served by anyone other than yourself who is 18 years old and older. If the restrained person has not been served the restraining order and he / she attempts contact with you in person, immediately contact the law enforcement agency of jurisdiction to have them respond to handle the issue at hand and to serve the restraining order on the individual.
After the restrained person is served with a copy of the restraining order, a copy of the proof of service form will then need to be filed with the Monterey Park Police Department along with a certified copy of the original restraining order.
Reporting Violations of the Restraining Order
Depending where you are, you will need to contact the local law enforcement agency of jurisdiction to file a violation of court order criminal report. Please have a copy of the restraining order available for review by the law enforcement agency.